Automated license plate recognition systems: use of data.
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SB 893 — Automated license plate recognition systems: use of data.
Last action — Died on the inactive file.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill died with 2013-2014 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
(1) Existing law authorizes the Department of the California Highway Patrol to retain license plate data captured by license plate recognition (LPR) technology, also referred to as an automated license plate recognition (ALPR) system, for not more than 60 days unless the data is being used as evidence or for the investigation of felonies. Existing law prohibits the department from selling the data or from making the data available to an agency that is not a law enforcement agency or an individual that is not a law enforcement officer. Existing law authorizes the department to use LPR data for the purpose of locating vehicles or persons reasonably suspected of being involved in the commission of a public offense, and requires the department to monitor the internal use of the data to prevent unauthorized use and to submit to the Legislature, as a part of the annual automobile theft report, information on the department's LPR practices and usage. This bill would impose specified requirements on an "ALPR operator," as defined, including, among others, complying with all applicable statutory and constitutional requirements and the provisions of the bill, ensuring that the information or data the ALPR operator collects is protected with certain safeguards, and implementing and maintaining specified security procedures and a usage and privacy policy with respect to that information or data. This bill would also prohibit an ALPR operator from collecting license plate data when a license plate number is not in public view. The bill would require an ALPR operator that accesses or provides access to information or data collected through the use or operation of an ALPR system to maintain a specified record of that access. The bill would, in addition to any other sanctions, penalties, or remedies provided by law, authorize an individual who has been harmed by a violation of these provisions to bring a civil action in any court of competent jurisdiction against a person who knowingly caused that violation. (2) Existing law requires any agency, and any person or business conducting business in California, that owns or licenses computerized data that includes personal information, as defined, to disclose in specified ways, any breach of the security of the system or data, as defined, following discovery or notification of the security breach, to any California resident whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Existing law defines "personal information" for these purposes to include an individual's first name and last name, or first initial and last name, in combination with one or more designated data elements relating to, among other things, social security numbers, driver's license numbers, financial accounts, and medical information. This bill would include information or data collected through the use or operation of an automated license plate recognition system, when that information or data is not encrypted and is used in combination with an individual's name, in the definition of "personal information" discussed above.
Bill Text
- Amended 05/29/14 - Amended Senate Current pdf May 29, 2014
- Amended 05/27/14 - Amended Senate pdf May 27, 2014
- Amended 05/06/14 - Amended Senate pdf May 06, 2014
- Amended 04/29/14 - Amended Senate pdf April 29, 2014
- Amended 04/09/14 - Amended Senate pdf April 09, 2014
- Introduced 01/13/14 - Introduced pdf January 13, 2014
- SB893 View text html
Action History
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Died on the inactive file.
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Ordered to inactive file on request of Senator Hill.
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Ordered to third reading.
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Senate Rule 29.3 suspended. (Ayes 21. Noes 11. Page 3699.)
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Read third time and amended. (Ayes 26. Noes 5. Page 3699.)
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Reconsideration granted. (Ayes 36. Noes 0. Page 3668.)
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Motion to reconsider made by Senator Hill.
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Read third time. Refused passage. (Ayes 18. Noes 15. Page 3668.)
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Read second time and amended. Ordered to third reading.
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From committee: Do pass as amended. (Ayes 5. Noes 2. Page 3704.) (May 23).
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Set for hearing May 23.
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Placed on APPR. suspense file.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
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Set for hearing May 12.
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Read second time and amended. Re-referred to Com. on APPR.
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From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 3235.) (April 22).
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Set for hearing April 22.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
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Referred to Com. on JUD.
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From printer. May be acted upon on or after February 13.
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Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Hill · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No
Sponsors (1)
- Hill
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 34 | 0 | 0 | 3 |
| Democratic | 2 | 0 | 0 | 1 |
| Total | 36 | 0 | 0 | 4 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Anderson | — | Yea |
| Beall | — | Yea |
| Block | — | Yea |
| Hill | — | Yea |
| Knight | — | Yea |
| Lara | — | Yea |
| Roth | — | Yea |
| Steinberg | — | Yea |
| Wright | — | Not Voting |
| Correa | — | Yea |
| Evans | — | Yea |
| Wyland | — | Yea |
| Cannella | — | Yea |
| Mitchell | — | Yea |
| De León | — | Yea |
| Fuller | — | Yea |
| Galgiani | — | Yea |
| Hancock | — | Yea |
| Hernandez | — | Yea |
| Hueso | — | Yea |
| Huff | — | Yea |
| Corbett | — | Not Voting |
| Leno | — | Yea |
| Lieu | — | Yea |
| Liu | — | Yea |
| Monning | — | Yea |
| Morrell | — | Yea |
| Nielsen | — | Yea |
| Pavley | — | Yea |
| Torres | — | Yea |
| Vidak | — | Yea |
| Walters | — | Yea |
| Wolk | — | Yea |
| DeSaulnier | — | Yea |
| Yee | — | Not Voting |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Yea |
| Calderon, Lisa | Democratic | Not Voting |
| Jackson, Corey A. | Democratic | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 16 | 15 | 0 | 6 |
| Democratic | 2 | 0 | 0 | 1 |
| Total | 18 | 15 | 0 | 7 |
| % of votes cast | 45% | 38% | 0% | 18% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Block | — | Yea |
| Hernandez | — | Not Voting |
| Huff | — | Nay |
| Leno | — | Yea |
| Steinberg | — | Yea |
| Wolk | — | Not Voting |
| Evans | — | Nay |
| Pavley | — | Yea |
| Cannella | — | Nay |
| Wright | — | Not Voting |
| Mitchell | — | Yea |
| Wyland | — | Nay |
| De León | — | Yea |
| Galgiani | — | Nay |
| Corbett | — | Yea |
| Hill | — | Yea |
| Hueso | — | Yea |
| Knight | — | Nay |
| Lara | — | Yea |
| Correa | — | Nay |
| Anderson | — | Nay |
| Beall | — | Yea |
| Lieu | — | Yea |
| Liu | — | Not Voting |
| Monning | — | Yea |
| Morrell | — | Nay |
| Nielsen | — | Nay |
| Roth | — | Not Voting |
| Torres | — | Yea |
| Vidak | — | Nay |
| Walters | — | Nay |
| DeSaulnier | — | Yea |
| Fuller | — | Nay |
| Yee | — | Not Voting |
| Hancock | — | Yea |
| Beth Gaines | — | Nay |
| Bill Berryhill | — | Nay |
| Calderon, Lisa | Democratic | Not Voting |
| Jackson, Corey A. | Democratic | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 2 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 5 | 2 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Lara | — | Yea |
| Steinberg | — | Yea |
| De León | — | Yea |
| Hill | — | Yea |
| Walters | — | Nay |
| Beth Gaines | — | Nay |
| Padilla, Stephen C. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 1 | 0 | 0 | 0 |
| Unaffiliated | 6 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Steinberg | — | Yea |
| Walters | — | Yea |
| De León | — | Yea |
| Hill | — | Yea |
| Lara | — | Yea |
| Beth Gaines | — | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 2 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 5 | 2 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Anderson | — | Nay |
| Corbett | — | Yea |
| Lara | — | Yea |
| Leno | — | Yea |
| Monning | — | Yea |
| Vidak | — | Nay |
| Jackson, Corey A. | Democratic | Yea |
Subjects
Frequently asked questions
- What does SB 893 do?
- (1) Existing law authorizes the Department of the California Highway Patrol to retain license plate data captured by license plate recognition (LPR) technology, also referred to as an automated license plate recognition (ALPR) system, for not more than 60 days unless the data is being used as evidence or for the investigation of felonies. Existing law prohibits the department from selling the data or from making the data available to an agency that is not a law enforcement agency or an individual that is not a law enforcement officer. Existing law authorizes the department to use LPR data for the purpose of locating vehicles or persons reasonably suspected of being involved in the commission of a public offense, and requires the department to monitor the internal use of the data to prevent unauthorized use and to submit to the Legislature, as a part of the annual automobile theft report, information on the department's LPR practices and usage. This bill would impose specified requirements on an "ALPR operator," as defined, including, among others, complying with all applicable statutory and constitutional requirements and the provisions of the bill, ensuring that the information or data the ALPR operator collects is protected with certain safeguards, and implementing and maintaining specified security procedures and a usage and privacy policy with respect to that information or data. This bill would also prohibit an ALPR operator from collecting license plate data when a license plate number is not in public view. The bill would require an ALPR operator that accesses or provides access to information or data collected through the use or operation of an ALPR system to maintain a specified record of that access. The bill would, in addition to any other sanctions, penalties, or remedies provided by law, authorize an individual who has been harmed by a violation of these provisions to bring a civil action in any court of competent jurisdiction against a person who knowingly caused that violation. (2) Existing law requires any agency, and any person or business conducting business in California, that owns or licenses computerized data that includes personal information, as defined, to disclose in specified ways, any breach of the security of the system or data, as defined, following discovery or notification of the security breach, to any California resident whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Existing law defines "personal information" for these purposes to include an individual's first name and last name, or first initial and last name, in combination with one or more designated data elements relating to, among other things, social security numbers, driver's license numbers, financial accounts, and medical information. This bill would include information or data collected through the use or operation of an automated license plate recognition system, when that information or data is not encrypted and is used in combination with an individual's name, in the definition of "personal information" discussed above.
- Who sponsors SB 893?
- SB 893 is sponsored by Hill.
- What is the current status of SB 893?
- This bill died with 2013-2014 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 893?
- Track SB 893 free on One Click Politics — get push/email alerts when it moves.
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